Legal battle continues over Lungu's remains

Added: 2026-05-31

[00:00:00]Our top story now just after 7:00. This is the Lungu family turns to the Appellate Court this morning in a bid to appeal the August 2025 Gauteng High Court in Pretoria's full bench judgement that found that the Zambian government is entitled to repatriate the remains of Lungu and that's of the purpose of a state funeral and a burial. The Lungu family who will argue that the SCA may reach a different conclusion on the matter holds a view that the burial of a loved one is one of the most personal and intimate spheres of a family is a phase in which the state may not interfere. Well, for more SABC News reporter Kenny Maphanga is standing by.

[00:00:36]Kenny, a very good morning. Perhaps you could talk to us what really is before the Supreme Court of Appeal today. Even on a diplomatic level, what the signals for relations at large between the two countries?

[00:00:53]>> Indeed, good morning to you Leanne and to the viewers at home. Coming to you live from Bloemfontein, the home of the Supreme Court of Appeal where we expect that battle over the remains of the late former Zambian president, that is President Edgar Lungu, will continue in the Appellate Court. It seems that this is taking place just a week prior to that one year anniversary of his passing. You may remember that he passed away on the 5th of June 2025. And of course, after negotiations between the Lungu family and the Zambian government fell flat, that court battle ensued between the pair where the Zambian government was successful in the Gauteng High Court in Pretoria which ruled in favor of them after they brought that public interest litigation in terms of a Zambian law. And it seems that the Gauteng High Court agreed that the public interest of Zambia and its people must prevail over the wishes of the Lungu family and it is that particular contention or that conclusion that will be ventilated in the Supreme Court of Appeal. It seems that the Lungu family is of the view that the SCA could reach a different conclusion on this very new matter. In a South Africa where you're seeing a a foreign former president, uh his family wanting to lay him to rest in a foreign country instead of his homeland of Zambia, and the courts need to opine on all of these unnecessary issues before they reach a conclusion.

[00:02:22]But in the main, what the Gauteng High Court judgment found is that in terms of the public interest and an agreement that existed between the Lungu family and the Zambian government, which they found to be enforceable, that was the reason why they ruled in favor of the Zambian government and found that the public interest must prevail. However, it seems that the Lungu family is saying that it was incorrect for the Zambian law to be applied in this particular dispute, and they are leaning heavily on the Constitution of the Republic of South Africa as well of the Bill of Rights to protect their burial rights in terms of former president Edgar Lungu, which they say does not include Zambian law and state interference. And they're saying that upon proper analysis, the court should have found that the rights of Esther Lungu and the Lungu family should have prevailed in this particular matter. Of course, with the Supreme Court of Appeal opining on this issue, one could hope that this will bring this matter to rest. But it seems that this appeal has raged on where the family not successful, they will exhaust all of our courts available in the system in order to defend their burial rights. In the meantime, we have Lungu, who passed away on the 5th of June 2025, remaining in that mortuary, AF Bob Mortuary I think that is in Pretoria, as the two parties continue to battle over whether or not the rights of the Lungu family should prevail or should the interests of the public and the Zambian nation prevail on this very sensitive and high profile matter. In the next hour we'll look at some of the opposition arguments raised by the Zambian government as it continues to hold on to the contention that an agreement exists between the pair that is enforceable. Over to you in studio.

[00:04:07]>> Thanks Kanyi. That match before the Supreme Court of Appeal. Let's monitor it alongside you perhaps as that case kicks off around 9:45 this morning.